United States v. Miguel Angel Recalde

SEYMOUR, Circuit Judge.

Miguel Recalde was convicted on one count of possession with intent to distribute cocaine under 21 U.S.C. § 841(a)(1) (1982). On appeal, he argues that the district court erred in denying his motion to suppress evidence seized during a search of his automobile. We agree and reverse his conviction.

I

Recalde is an Argentinian citizen and a resident alien of the United States. On October 20, 1983, while driving westbound on Interstate 40, he was stopped near Moriarty, New Mexico, by Officer Thomas Christian of the New Mexico State Police, who had observed Recalde’s vehicle…